Crown withdraws sex charge against former teacher

Former teacher Antoine Dominique Fraser, with his mother at his side, talks to reporters Monday after the Crown withdrew a charge of sexual exploitation. (STEVE BRUCE / Staff)

UPDATED 4:50 p.m. Monday

A former Cole Harbour teacher will not stand trial for a second time on a charge of sexual exploitation.

The Crown withdrew the charge against Antoine Dominique Fraser on Monday, saying the young woman who had filed the complaint in 2008 is no longer interested in proceeding.

“The Crown is not in the business of forcing (complainants) to come to court and testify, and revictimizing the victim again,” prosecutor Alonzo Wright said outside Nova Scotia Supreme Court in Halifax.

Fraser was fired by the Halifax regional school board in July 2008 after a former student at Cole Harbour District High School claimed to have had a sexual relationship with the teacher.

The provincial Education Department took away his teaching licence shortly after that.

Fraser was convicted of the charge by a jury in December 2009 and sentenced the following May to nine months in jail and a year’s probation.

But the Nova Scotia Court of Appeal overturned the conviction in July 2011, finding that Fraser did not receive a fair trial because of ineffective representation by his former lawyer, Lance Scaravelli.

Fraser, 38, was scheduled to go to trial before another jury next month.

“I’m just thankful to God that after 4½ years … this nightmare has finally come to an end,” Fraser told reporters Monday.

“It’s sad that it actually took so long, but I’m happy that the charge was properly withdrawn, as it should have been.

“My family has been very supportive over the years, and a few friends. I’m just very, very grateful that it’s finally over.”

The Cole Harbour resident, a married father of three, said he has worked as an independent consultant since losing his teaching job, “and that’s been a struggle. Anyone who runs their own business knows that.”

A reporter asked Fraser if he plans to try to get his teaching job back.

“We’re dealing with one day at a time here,” replied Fraser’s lawyer, Josh Arnold.

Fraser thanked Arnold for working with his family over the past three years.

He said he’s had no communication with Scaravelli, whom he fired after the first trial.

According to the Appeal Court, Scaravelli was not ready for Fraser’s preliminary inquiry, didn’t prepare his client for trial and missed obvious opportunities to impeach the complainant’s credibility.

“(Fraser) entrusted his case to the care of (Scaravelli),” Justice Jamie Saunders wrote in the appeal decision. “Sadly, that trust was misplaced.

“Mr. Fraser did not receive a fair trial. The legal representation he obtained fell far short of the mark reasonably expected of any defence counsel. His constitutional right to make full answer and defence was compromised. A miscarriage of justice occurred. The verdict is unsafe and must be set aside.”

Scaravelli was called to the bar in 1973 and is still listed on the Nova Scotia Barristers’ Society website as a practising member.

The society launched an investigation into Scaravelli’s conduct last year, after the Appeal Court released its decision, but executive director Darrel Pink said Monday he couldn’t discuss that review.

“Any of that is confidential,” Pink said. “I can’t say anything about the nature of our review.”

But Pink was able to say that the society has met with Fraser “to let him know what our process is and how the matter would be unfolding. We have done that, but I can’t say anything more than that.”

Any action by the society would only be made public if it proceeded to a formal disciplinary hearing.

Rose Fraser, Antoine’s mother, said it’s been an ordeal for the entire family.

“The public really has no idea what it takes to go through a process like this,” she said, standing at her son’s side.

“We’re just so grateful that this is finally all through. It’s a travesty that it didn’t happen initially, that the charges weren’t withdrawn initially.

“When somebody’s not guilty, it’s horrible to have to go through a process like this.”